The Best Lawyers™ in Canada 2018

As COVID-19 continues, many workplaces have morphed from remote work arrangements into hybrid arrangements for many employees. By necessity,…

On November 19, 2021, in Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, the Supreme…

To help realtors better prepare their clients to ensure smooth real estate transactions with timely closings, here are the answers to the 10…

On November 4, 2021, the Supreme Court of Canada clarified the law regarding when a judgment debtor “carries on business” for the purpose of…

On November 5, 2021, the Province of Nova Scotia passed the Environmental Goals and Climate Change Reduction Act. The Act will serve as the…

Purchasing commercial real estate as an investment, as a component of a business startup or as one asset in the share purchase of an existing…

The New Brunswick Reduction of Greenhouse Gas Emissions Regulation, effected under the N.B. Climate Change Act, establishes specific…

On October 21, 2021, the Supreme Court of Canada clarified the law concerning the circumstances in which government organizations - including…

COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…

On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…

Canada’s aquaculture industry is poised for growth but that growth is being challenged by regulatory uncertainty and a lack of confidence…

On September 9, 2021, the Nova Scotia Court of Appeal released its decision in Aviva Insurance v. PK Construction Ltd. Dealing with Nova…

This publication has been updated as at October 27, 2021. COVID-19 has been changing Canadian workplaces for 18 months. For some employees,…

This publication has been updated as at October 29, 2021. The New Brunswick Construction Remedies Act, with the exception of certain…

On July 28, 2021, the Supreme Court of Canada issued a decision protecting the status of the Companies’ Creditors Arrangement Act (CCAA) as a…

On July 29, 2021, the Supreme Court of Canada refined the test for determining when a plaintiff has discovered a claim for the purpose of a…

Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…

Many now agree: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most often-quoted (and definitely most succinct)…

Many employers use equity compensation plans like employee stock option plans to attract, motivate, and retain talent. One reason stock options…

As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…

This publication has been updated as at August 27, 2021. With the COVID-19 vaccine widely available, and the COVID pandemic continuing,…

This publication has been updated as at July 22, 2021. On May 26, 2021, the Hague District Court in the Netherlands ordered Royal Dutch Shell…

On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…

Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…

Merger and acquisition deals are still happening across all sectors, perhaps at an even higher rate than pre-COVID-19 pandemic, even if the…

The COVID-19 Pandemic has focused more attention on the concept of a universal or guaranteed basic income that at any other time in modern…

The Supreme Court of Canada continues to develop and clarify the organizing principle of good faith performance in contract law. In its 2014…

This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…

Estate planning is a customized process; the goal is to create a plan that’s best for a person’s unique situation. And while all estate…

An ever increasing number of people originally from China now reside in Canada. It is more important than ever to recognize and understand the…

Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…

In the first update to the CCDC 2 since 2008, in December 2020 the Canadian Construction Documents Committee (CCDC) published the CCDC 2 (2020).…

This publication has been updated as at August 4, 2021. 2020 was a year filled with challenges, including in the relationship between…

Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…

The Supreme Court of Canada, in the 2014 case of Bhasin v. Hrynew, recognized a general organizing principle of good faith performance in…

All trusts that continue to be in effect past December 31, 2020, will be subject to new reporting requirements and harsh non-compliance…

An economic downturn can result in an M&A uptick: there can be more attractive targets on the market, and sellers can be more motivated to…

This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…

For business owners, estate planning is directed at protecting the business’s legacy as well as the financial security of both family members…

Estate planning is directed at protecting your assets and your loved ones from creditors and unnecessary income tax or probate fees, and your…

On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…

On October 2, 2020, the Supreme Court of Canada clarified the existence and application of the anti-deprivation rule in Canadian bankruptcy law.…

This publication has been updated as of December 1, 2021. Recent incidents in Canada and the U.S. have impinged that the impact of systemic…

This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

New types of claims will emerge while insurers may see an evolution or even decrease in the traditional types. Here are the types of claims and…

This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…

McInnes Cooper partner Michael Melvin and Student-at-Law Myriam Whalen provide a detailed Legal Digest in the Spring 2020 Edition of The…

The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (the “CCAA”).…

The novel coronavirus disease ("COVID-19") has, to date, affected over one-million individuals worldwide, and has negatively impacted Canadians…

Parenting during this unprecedented COVID-19 public health crisis is stressful for families. In response to this global pandemic, Federal and…

While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…

As countries around the world grapple with the spread of COVID-19, global restrictions and containment measures have presented a range of…

The global and domestic spread of COVID-19 has forced Canadians to reassess their upcoming travel plans – and insurers to assess their travel…

The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…

This article has been updated as of April 17, 2020.  Much has changed since our last publication on the Canada Emergency Wage Subsidy…

Atlantic Canadian minimum wage rates (the lowest rate an employer is permitted to pay an employee) aren’t all that’s changing on April 1,…

The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…

Business corporations laws and stock exchange policies mandate that issuers hold annual general meetings (AGM) and set requirements for when and…

The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…

The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…

NOTE: On July 23, 2021, the Supreme Court of Canada agreed with the Newfoundland & Labrador Court of Appeal’s decision respecting the law,…

Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…

Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…

NOTE: The new tax rules for employee stock option plans take effect on July 1, 2021. Learn more at Limited Options: New Employee Stock Option…

All issuers must comply with both periodic and ongoing securities law corporate governance (and other) disclosure requirements. This can,…

On December 23, 2019, the Newfoundland and Labrador Court of Appeal effectively eliminated the category of “knowledgeable fact witness” in…

A well-drafted, properly implemented written employment contract is key to avoiding or resolving disputes throughout and at the end of the…

On November 20, 2019, the Nova Scotia Court of Appeal confirmed pursuant to section 113BA(1) of Nova Scotia’s Insurance Act, in the context of…

The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…

Effective December 1, 2019, the New Brunswick government will finally finalize the reform of N.B.’s money judgment enforcement regime with the…

“Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…

Public companies incorporated under the Canada Business Corporations Act (CBCA) escaped the new “register of individuals with significant…

This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…

Information disclosure is a key theme that emerges from Canada’s new cannabis regulatory regime: the government wants lots of information from…

Like it or not, Canadians live life online. More people - and more employees - are sharing more information, images and opinions with more…

As of June 13, 2019, private companies incorporated under the Canada Business Corporations Act (CBCA) must prepare and maintain a register of…

Growing a business takes people. In early days, many startups have just one “employee”: the founder. At some point, the founder might retain…

This year’s increases to Atlantic Canadian minimum wages - the lowest rate an employer is permitted to pay an employee - are entering like a…

This publication has been updated as at July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new…

As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…

There’s no shortage of warnings of a worker shortage in Canada – and the consensus seems to be that it’s only going to get worse. The…

On January 25, 2019, the Supreme Court of Canada considered, for the first time, “Henson trusts” and the nature of a disabled…

On January 18, 2019, the Nova Scotia Court of Appeal rendered its unanimous (5-0) decision in Holland v. Sparks, overturning a motion decision…

On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…

On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…

This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…

On November 30, 2018, a majority of the judges of the Supreme Court of Canada decided the media doesn’t get any special protection from the…

Companies engaged in the cannabis supply chain are highly regulated by federal and provincial cannabis-specific laws as well as a myriad of…

Note: On November 20, 2019, the Nova Scotia Court of Appeal upheld the trial court’s decision and confirmed pursuant to section 113BA(1) of…

On October 11, 2018, the Nova Scotia Court of Appeal released its first decision considering the saving provision in Section 12 of Nova…

Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…

As of January 2019, incorporating a limited company in N.S. will be more economical. On September 7, 2018, the N.S. government announced it’s…

Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…

P.E.I. corporations are currently governed by the P.E.I. Companies Act – legislation that’s substantially unchanged since it was enacted in…

Annual minimum wage increases in Atlantic Canada (and in Canada generally) don’t typically receive a significant amount of media coverage. But…

Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

If enacted, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation…

The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…

The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

Lawyers regularly encourage clients to be proactive and discuss potential issues with third parties before they become real problems. But in the…

The Canada Business Corporations Act (CBCA) is catching up with the times. On May 1, 2018, amendments to the CBCA proposed in Bill C-25, An Act…

On June 6, 2018, the Supreme Court of Canada considered the test for jurisdiction over an allegedly defamatory Internet article – the…

This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…

The Global Talent Stream is the central pillar of the Government of Canada’s recently launched Global Skills Strategy: an immigration program…

On May 8, 2018, for the first time, the Nova Scotia Supreme Court has ruled on the deductibility of Workers’ Compensation Board Extended…

This article has been updated as of January 27, 2021. It can be challenging for employers to fulfill their legal duty to accommodate an…

The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…

Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

On February 15, 2018, the Supreme Court of Canada decided a trustee’s fiduciary duty includes an obligation to inform beneficiaries of the…

The Canadian federal government has finally revealed how it proposes to regulate offshore renewable energy developments in federal waters. On…

On February 8, 2018, the Canadian federal government proposed a new Impact Assessment Act in Bill C-69, An Act to enact the Impact Assessment…

Mandatory interlocutory injunctions - court orders, made in the context of a lawsuit, that a party take positive action as opposed to refrain…

The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law.  First introduced over two years ago, the Nova…

Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…

Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

The future of the North American Free Trade Agreement (NAFTA), including NAFTA’s immigration-related provisions allowing cross-border mobility…

Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings. On…

Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

Canada’s average age is increasing and its population decreasing, drastically reducing available workers - and neither Newfoundland and…

This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…

On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…

October 2, 2017 marked the end of the consultation period relating to the taxation of private corporation proposals the Department of Finance…

It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…

On November 3, 2017, the Newfoundland and Labrador Government published new Offshore Oil Royalty Regulations replacing the Royalty Regulations,…

On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…

On October 19, 2017, the Toronto Stock Exchange (TSX) announced it had adopted amendments to its Company Manual. Originally proposed in Spring…

Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…

On October 5, 2017, the N.S. government took another step toward creating a globally competitive marine renewable energy industry and associated…

Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…

Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

This publication has been updated as of August 28, 2020. An increasing number of employees are struggling to meet the challenge of the…

On September 6, 2017, the N.S. Government distributed a discussion paper, “Pension Funding Framework Review and other issues affecting pension…

Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

Receivers across Canada seeking to sell assets can learn two important lessons about the importance of adhering to the letter of agreements of…

After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

On July 18, 2017, Canada’s Minister of Finance released proposed changes to the Income Tax Act (Canada) that, if implemented, will mark one of…

All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…

This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

This publication has been updated as of July 15, 2020.  Trans and gender diverse employees face many challenges in the workplace – not the…

A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…

When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…

The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…

The legal landscape of cannabis (a.k.a. marihuana, weed, pot …) is changing, both reflecting - and contributing to - more relaxed attitudes…

On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…

On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

On June 2, 2017, the Supreme Court of Canada decided that where a plaintiff advances a claim for negligently caused psychological or psychiatric…

On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal’s 2016 decision in Canada v Mikisew Cree…

The family (whatever that looks like for you) is the fundamental unit of our society, and the family business a fundamental cog of our economy.…

Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

On May 2, 2017, the N.S. Court of Appeal decided another case involving the deductibility of CPP disability benefits – but this time, in the…

NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…

On April 24, 2017, the N.S. Government issued regulations that will finally allow the Builders’ Lien Act amendments permitting early release…

In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…

On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…

Note: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…

Legal uncertainty is a barrier to investment, and thus an adversary to growth. Unfortunately, when it comes to new and innovative technologies…

Legal uncertainty is never a good thing for industry: it’s a barrier to investment, and thus an adversary to growth. Unfortunately, the law is…

Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…

The minimum wage rates in each of the four Atlantic Canadian Provinces will increase on April 1, 2017. The Labour & Employment Team @…

It’s no April Fools’ Day joke: effective April 1, 2017 the minimum wage rates in each of the four Atlantic Canadian provinces will increase.…

On March 9, 2017, the N.S. Court of Appeal stopped building inspection claims in their tracks when it decided that a defence based section…

A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

This publication has been updated as of October 22, 2021. Many organization (66%) store the personal information of customers. employees,…

On January 27, 2017, the governments of the four Atlantic provinces and the federal government announced details of the Atlantic Immigration…

The hiring process and the termination process are equally important stages of the employment relationship – and both are full of minefields…

On January 27, 2017, the Supreme Court of Canada decided in Sabean v. Portage La Prairie Mutual Insurance Co. that future CPP disability…

Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…

On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…

Effective January 1, 2017, the kinds of trusts that can claim the Principal Residence Exemption (PRE) will be limited. Now, the PRE allows…

As 2016 draws to a close, Oil & Gas Team @ McInnes Cooper offers its picks for the top three legal developments of 2016 that impacted the…

On December 14, 2016, Bill 46 and the Newfoundland and Labrador Public Procurement Act became law. The new Act isn’t yet in effect, however,…

On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

On December 9, 2016, the Supreme Court of Canada clarified when a court can rectify a transaction that has had unintended tax consequences for…

Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

It’s been a long time coming, but Newfoundland and Labrador is finally getting new public procurement legislation. On November 29, 2016, Bill…

On November 25, 2016, the Supreme Court of Canada decided privilege wins again - twice. In two separate decisions - Lizotte v. Aviva Insurance…

There is an old expression about “selling the Brooklyn Bridge”. Recently, a bankrupt subcontractor attempted to register a lien against the…

Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

On September 15, 2016, the New Brunswick Court of Appeal clarified the province’s statutory regime governing both the exercise of a lender’s…

On September 15, 2016, the Supreme Court of Canada decided certain damage to a building under construction was covered under the relevant…

On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period…

The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…

A key legal decision in starting or growing your business is choosing the business structure that’s right for you. If you incorporate,…

On July 15, 2016 the Supreme Court of Canada, in a long-awaited decision, resisted the invitation to re-write the traditional rules for the…

On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…

The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement…

As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

Real estate vendors and purchasers have high expectations of their realtors – and they don’t often hesitate to pursue legal action against…

On June 16, 2016, the Supreme Court of Canada decided a municipality’s “notice of reserve”, a mechanism to prevent construction, on land…

Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…

On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…

On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…

You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…

It’s now certain: in Newfoundland & Labrador, liens can’t be placed on Crown land or holdbacks with the possible exemption allowing for…

Access to sufficient capital is always a business issue, from the startup stage right through to the exit stage. But the reasons for the…

On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…

On May 6, 2016, the Supreme Court of Canada decided that a mortgage imposing a higher interest rate in the event of default and reserving a…

Note: As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

“Due diligence” is a legal defence to many charges under occupational health and safety (OHS) laws. Here are five of the most…

It’s critical for an employer to obtain a Labour Market Impact Assessment (LMIA) when hiring a temporary foreign worker(s). Employers applying…

Spring is sprung, the grass has risen – and so have minimum wages. The minimum wage rate is the lowest rate an employer is permitted to pay an…

On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although…

On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…

Federal Budget 2016 proposed to significantly reduce the benefit of and access to the Small Business Deduction. The Small Business Deduction…

Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers…

When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a…

Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…

On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

A well drafted and implemented written employment contract can be instrumental to both avoiding or resolving disputes both during the employment…

On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

Things have gotten a bit easier for venture issuers, such as those listed on the TSX Venture Exchange, with recent changes to their obligations.…

A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…

Subsection 55(2) of the Income Tax Act (Canada) is an anti-avoidance provision intended to prevent capital gains stripping by deeming an…

Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…

The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

Note: On June 9, 2016, the Supreme Court of Canada dismissed the National Alliance’s application for leave to appeal the New Brunswick Court…

On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…

On July 16, 2015, the New Brunswick Court of Appeal ordered an insurer to produce a significant amount of its financial and business information…

On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

Are you an Atlantic Canadian entrepreneur pitching for investment in your small business? You might want to consider adding a tax credit benefit…

On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…

On June 4, 2015, the NS Court of Appeal decided the value of future CPP disability benefits is deductible under the SEF 44 family protection…

Every party to a Right of Way has some idea of what that Right of Way is – but many times, those ideas are different. This failure to clarify…

On March 31, 2015 the NB Government announced an increase to the tax credit rate for individual investors under the NB Small Business Investor…

This publication has been updated as of June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

Effective for the 2015 proxy season, all non-venture issuers reporting in nine Canadian Provinces and Territories must disclose the…

Snow can be a big nuisance at this time of year, but snow load - the weight of the snow, usually measured in pounds per square foot - can be…

The new NS Limitations of Actions Act – the legislation that determines the limitation period (time limit) in which a lawsuit must be started…

We updated this publication on February 13, 2020. With people spending so many of their waking hours at or connected to work these days,…

NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…

On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental…

On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…

Note: This Update includes changes to the programs made by the 2015 budgets of each Province. Have you considered investing in an Atlantic…

This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…

The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…

Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…

On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…

Note: On November 20, 2014 the NS Government passed the final form of Bill 64, Limitations of Actions Act into law. The final form of the Act…

CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…

Many believe that only public companies or large, established companies with many shareholders need to be concerned about, or can benefit from,…

The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…

Effective October 1, 2014, the New Brunswick Rules of Court will change – some Rules for the first time since they came into effect in 1982.…

On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…

On June 26, 2014, in a groundbreaking decision on Aboriginal title, the Supreme Court of Canada (SCC) significantly elaborated on the legal test…

Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…

On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating…

This publication has been updated as of February 17, 2021. Trusts offer a very useful estate planning solution for a wide variety of special…

April showers bring … flood and sewage back-up claims. Flooding and sewage back-up can result in significant damage for municipal ratepayers,…

On March 31, 2014 the NS Workers’ Compensation Board (WCB) issued a new policy applicable to its adjudication of psychological injury claims…

On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…

On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…

On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…

Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…

A general security agreement (GSA) is the most common form of personal property security used in the Atlantic Provinces to secure commercial…

On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

On June 14, 2013, in its highly anticipated decision in Communications, Energy and Paperworkers’ Union of Canada, Local 30 v. Irving Pulp…

In Franchise Canada’s Spring 2013 “Viewpoints” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…

Note: On November 1, 2013 the NL Government announced increases to its minimum wages to be effective in October 2014 and October 2015.  Click…

In its April 2013 decision in Re Stan, the Alberta Securities Commission provides issuers with a practical approach to the assessment of both a…

Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…

Pension legislation throughout Atlantic Canada is in a state of change. In less than a year, each Atlantic Province has taken steps – in some…

While much of the developed world struggles with debt and chronically low growth, Canada, one of the best-performing members of the G-7,…

On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…

On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…

Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which…

Introduction and Purpose Staff of the Canadian Securities Administrators (CSA Staff or we) are publishing this Staff Notice (the Notice) to…

On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…

As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1st falls on a Sunday. …

Multilateral Instrument 51-105, Issuers Quoted in the U.S. Over-the-Counter Markets will come into effect on July 31, 2012. Once effective,…

Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…

Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…

On May 26, 2010, the Canadian federal government released the proposed Canadian Securities Act (the Act) which would, among other things, create…

In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…

In a unanimous decision rendered by Justice Rothstein, the Supreme Court of Canada today dismissed the appeal of Copthorne Holdings Limited,…

Entrepreneurs need to be ready for due diligence, so it’s essential to involve legal advisors and accountants early in the process. Click…

In 2009 Canadian securities regulators changed the rules relating to securities “registration” – these rules determine who is required to…

Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…

In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…

Effective April 1, 2011, the fishing licensing policy for the Atlantic Canada and Quebec inshore fishery will change to allow inshore fishing…

The New Brunswick Budget, tabled on March 22, contained some good news for business owners and individuals. The previously announced reduction…

In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…

McInnes Cooper franchise lawyer Michael Melvin highlights some of the significant features of the Disclosure Documents Regulation and the…

In Franchise Canada’s May/June 2010 “Ask A Legal Expert” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…

“Contamination Claims: Long Tails or Just Dogs? Practical and Legal Issues of Litigating Contaminant Slow-Leak Cases”, Cdn Journal of…